부동산 중개수수료
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. According to the record of the instant case regarding the lawfulness of an appeal for subsequent completion, the first instance court rendered a judgment citing the Plaintiff’s claim on May 10, 2018 after serving a copy of the complaint against the Defendant, notice of the date of pleading, etc., by public notice, on the date of pleading against the Defendant, and subsequently, served the Defendant by public notice on May 12, 2018.
On June 22, 2018, the defendant received an original copy of the judgment of the first instance on June 22, 2018 and became aware that the judgment of the first instance was served by public notice, and filed an appeal for subsequent completion on July 5, 2018.
Therefore, since the defendant could not comply with the appeal period, which is the peremptory period, due to a cause not attributable to him, the appeal of this case filed within two weeks from the date on which the court of first instance became aware of the fact by public notice is lawful.
2. Judgment on the merits
A. A. Around August 2017, the Plaintiff, a practicing licensed real estate agent, entered into a sales contract with C and the Defendant to purchase and sell the instant real estate at KRW 1,747,200,000 (hereinafter “instant sales contract”) on September 4, 2017, upon the request of the seller and the buyer, with a total of KRW 2,639 square meters of land size and a total of KRW 1,101.75 square meters of the above ground area (hereinafter collectively referred to as “instant real estate”). Ultimately, the Plaintiff entered into a sales contract with C to purchase the instant real estate at KRW 1,747,20,000 on the aggregate of the purchase price (hereinafter “instant sales”). The Defendant paid KRW 50,00,000 on the same day and succeeded to KRW 1,20,000,000 on the said real estate, but paid KRW 250,000 on the remainder of the sales contract to the Defendant on the same date.
3) The Defendant agreed to pay at least 20,000,000 won to the Plaintiff with respect to the instant sales brokerage business (hereinafter “instant agreement”). 4) The Defendant thereafter paid the intermediate payment and the remainder to C pursuant to the instant sales contract, and paid the instant real estate.